Mufti Ebrahim Desai
Stipulating the sale of a house in a will
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Nasihah (Advice): The Guidance of the Quraan
Rasoolullah Sallallahu Alaihi Wasallam said: “The book of Allah contains guidance and light, whoever adheres to it and holds firm onto it, is upon guidance, and whoever deviates from it, goes astray.” (Muslim)
Question and Answer:
Q. My father stipulated in his Will that his house should be sold to my sister at R1 000 000. Then, the money received from selling the house to my sister should form part of his estate and should be distributed according to Shariah? Is this Shariah compliant?
(Question published as received)
A. If your father stated in his will that his house should be sold to his daughter at R1 000 000 and the money received from the sale of the house should form part of his estate after his demise, this will be incorrect as all the heirs (including his daughter) are entitled to your father’s estate (without buying or selling).
Alternatively, your father may sell his house to his daughter in his lifetime.
The monies received from the sale will form part of your father’s cash-on-hand. Whatever cash-on-hand remains at the time of your father’s demise will devolve to all his heirs.
And Allah Ta’ala Knows Best
Mufti Ismaeel Bassa